Article 19 VCLT permits a State to formulate a RESERVATION to a multilateral treaty, EXCEPT WHERE:
Athe reservation is on a minor matter not affecting the treaty's substance (cf. Vienna Convention on the Law of Treaties 1969, Article 19) (cf. Vienna Convention on the Law of Treaties 1969, Article 19)
Bthe reservation is prohibited by the treaty; (b) the treaty provides only specified reservations may be made; OR (c) the reservation is incompatible with the OBJECT AND PURPOSE of the treaty
Cthe State has not consulted other States parties first (cf. Vienna Convention on the Law of Treaties 1969, Article 19) (cf. Vienna Convention on the Law of Treaties 1969, Article 19)
Dthe reservation is in a different language from the treaty (cf. Vienna Convention on the Law of Treaties 1969, Article 19) (cf. Vienna Convention on the Law of Treaties 1969, Article 19)
Answer & Solution
Correct answer: B. the reservation is prohibited by the treaty; (b) the treaty provides only specified reservations may be made; OR (c) the reservation is incompatible with the OBJECT AND PURPOSE of the treaty
1. Article 19 VCLT: 'A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless: (a) the reservation is prohibited by the treaty; (b) the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or (c) in cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the OBJECT AND PURPOSE of the treaty.'
2. The OBJECT AND PURPOSE test (clause c) was endorsed by the ICJ in Reservations to the Genocide Convention (Advisory Opinion), 1951 ICJ Rep 15.
3. Article 20-23 VCLT detail procedure for acceptance and objection.
4. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Vienna Convention on the Law of Treaties 1969, Article 19_
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